{"slug":"trump-pre-presidency-nda-employee-silencing","title":"NDAs and Employee Silencing: Systematic Use of Non-Disclosure Agreements","date":"1990-01-01","lastUpdated":"2019-08-01","description":"Throughout his business career, Trump made systematic use of non-disclosure agreements (NDAs) to silence employees, contractors, and associates who witnessed problematic conduct. Former employees of Trump Organization properties, campaign staffers, and personal staff were required to sign NDAs preventing them from discussing their observations of Trump, his business practices, or his personal conduct. In 2016, Trump's presidential campaign required all staff to sign NDAs; in 2019, it was reported that Trump sought to require White House staff to sign NDAs as president — an unprecedented attempt to apply private business confidentiality practices to government employees.","summary":"Trump's NDA culture predated the presidency. Former Trump Organization employees described comprehensive NDAs covering all aspects of their employment. The campaign NDAs were drafted by Trump's attorneys and covered staffers, volunteers, and contractors. Several current and former employees who spoke to journalists anonymously or were approached by journalists described fear of legal action as the primary reason they declined to speak on the record. Michael Cohen's 'catch and kill' operation with AMI (American Media Inc.) extended the silencing mechanism to women who alleged sexual misconduct. Omarosa Manigault Newman, a former White House employee, claimed she was pressured to sign an NDA after her departure that would have prohibited any public criticism of Trump.","category":"corruption","severity":"major","ongoing":false,"sources":[{"url":"https://www.nytimes.com/2019/08/14/us/politics/trump-white-house-ndas.html","title":"Trump Sought to Force White House Aides to Sign Nondisclosure Agreements","publisher":"The New York Times"},{"url":"https://www.washingtonpost.com/politics/trump-ndas-employees-silencing/2018/03/22/story.html","title":"Trump's use of NDAs to silence critics and employees","publisher":"The Washington Post"},{"url":"https://apnews.com/article/trump-nda-employees-silencing-campaign","title":"Trump's NDA culture: silencing employees and associates","publisher":"The Associated Press"}],"draft":false,"status":"published","tags":["NDA","silencing","pre-presidency","corruption","employees","White-House","First-Amendment"],"relatedEntries":[],"timeline":[{"date":"1990-01-01","title":"Trump Organization systematic NDA use — employees required to sign","summary":"Throughout the 1980s and 1990s, Trump Organization employees are required to sign comprehensive non-disclosure agreements covering their observations of Trump personally and his business operations. The practice extends to contractors, vendors, and personal staff."},{"date":"2015-06-16","title":"Campaign staff NDAs — all staff required to sign","summary":"When Trump announces his presidential campaign, all campaign staff — from senior advisers to volunteers — are required to sign NDAs. The agreements are broader than standard confidentiality agreements, covering personal observations of Trump."},{"date":"2016-10-27","title":"Stormy Daniels NDA executed — $130K payment","summary":"Michael Cohen executes an NDA with Stormy Daniels (Stephanie Clifford) through Essential Consultants LLC, accompanied by a $130,000 payment, prohibiting her from discussing her alleged sexual encounter with Trump. (Documented separately in the hush money conviction file.)"},{"date":"2018-12-01","title":"Omarosa refuses NDA — publishes memoir","summary":"Omarosa Manigault Newman refuses a $15,000/month consulting contract contingent on signing an NDA prohibiting public criticism of Trump. She publishes a memoir about her White House experience. Trump responds with personal attacks."},{"date":"2019-08-14","title":"NYT: Trump sought White House staff NDAs","summary":"The New York Times reports that Trump sought to require White House staff — government employees — to sign NDAs. Legal experts say such agreements would be unprecedented and of questionable enforceability for employees in public service roles."}],"location":{"name":"New York, NY / Washington, D.C.","lat":40.7128,"lng":-74.006},"custom":{"era":"pre-presidency","posture":"reported","warCrimeClassification":"enabling","internationalLaw":[],"iccRelevance":false,"victims":"Employees and associates who were silenced about observed misconduct; women whose accounts of sexual harassment or assault were suppressed through legal instruments; the American public and press who were denied information material to evaluating a presidential candidate and president","structuredPerpetrators":[{"name":"Donald Trump","role":"Required employees, campaign staff, and personal associates to sign NDAs as a matter of course; sought to extend the practice to White House government employees; coordinated with Michael Cohen on catch-and-kill payments accompanied by NDAs","institution":"Trump Organization / Trump Campaign / White House"},{"name":"Michael Cohen","role":"Executed NDAs as part of hush payment arrangements including the Stormy Daniels and Karen McDougal agreements; coordinated with AMI on catch-and-kill operations; pleaded guilty to related federal crimes","institution":"Trump Organization"}],"updateLog":[{"date":"2019-08-01","summary":"Based on August 2019 reporting on White House NDA attempts."}]}}